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Deeds

In West Virginia, a deed is a legal document that transfers ownership of real property from one party to another. The requirements and legal framework for deeds are outlined in the West Virginia Code, Chapter 36 (Estates and Property).

Key Legal Provisions from the West Virginia Code

Definition and Requirements of a Deed

West Virginia Code § 36-1-1 states that real property transfers must be made by a written deed.  The deed must be signed by the grantor (the person transferring the property) and must clearly describe the property being conveyed.

Types of Deeds in West Virginia

  • General Warranty Deed: Provides the broadest protection, ensuring that the grantor has clear title and will defend against any claims.
  • Special Warranty Deed: Guarantees that the grantor has not encumbered the property during their ownership.
  • Quitclaim Deed: Conveys any interest the grantor may have but makes no guarantees about the title.

Execution and Recording of Deeds

West Virginia Code § 36-3-5 requires deeds to be acknowledged before a notary public or other authorized official before they can be recorded.
West Virginia Code § 40-1-9 states that a deed must be recorded in the county clerk’s office in the county where the property is located to be enforceable against third parties.

Consideration and Delivery

While a deed typically includes a statement of consideration (value exchanged), it is not required for validity. However, West Virginia Code § 11-22-1 requires a transfer tax based on the property's value when recording the deed. Delivery and acceptance are also required for the deed to take effect.

Why Recording a Deed Matters

Under West Virginia Code § 40-1-8, unrecorded deeds are not valid against subsequent purchasers who buy the property without notice of the prior transfer and who properly record their deed first.